CHC52015 Strategic Response Legal and Ethnical Breach and Policy Develop

Task 1: Strategic Response – Legal Breach

Read the following scenario and complete the table that follows:

Scenario

A caseworker at Indigo Community Services and Health Hub has been working with client, Jennifer Cross, for the past 2 months. Jennifer has a history of challenging and violent relationships and recently split up with her boyfriend, John.  During a home visit, Jennifer mentions her partner punched her daughter, Natasha - aged 3, in the face and she has a swollen black eye.  When the caseworker explores the disclosure further, Jennifer begs the caseworker not to tell anyone, she says “I’ve broken up with John anyway, so it’s not even an issue and it was just an accident”.  When the caseworker pursues the issue, Jennifer starts crying and says “life is better now and we are moving forward”, she begs the caseworker to maintain her confidentiality and not tell anyone. Under pressure, the Caseworker agrees.

When Jennifer leaves, the caseworker refers to the NSW Mandatory Reporter Guide (MRG) curious to know what it will advise her to do. The MRG ‘Final Decision’ is to ‘report immediately to the Child Protection Helpline’.  However, the caseworker reflects on the progress that Jennifer is making, particularly in developing a trusting relationship with her, as she knows that Jennifer has had trouble trusting workers and agencies, which has impacted her progress.  The caseworker decides to the keep the promise to Jennifer and doesn’t report the alleged child abuse or record the disclosure in the case notes.

One week later, NSW Department of Communities and Justice (DCJ) contacts you, as the manager of ICSHH, as they are investigating a report of alleged physical abuse towards Natasha. In their assessments, Natasha disclosed that she had told her mum that John had punched her and that her mum had then told the Indigo caseworker.

NB: To assist you in completing this task and identifying the breach and your strategic response, refer to the ICSHH Child Protection Policy and the Child Protection Reporting Policy (Ctrl + Click to follow the links) as examples. Also on the OLS: CHCLEG003>Assessments.

b) Details of research and investigation

i)      Identify the current legislation/regulations that apply to the breach

ii)     Identify the risks, penalties and consequences of non-compliance associated with this breach.

iii)   Would specialist legal advice be beneficial to use in this situation? In your answer exlain why/why not?

iv)   Give details of relevant people the breach would need to be referred to and an explanation as to how, when and why. (e.g. internal, extenal)

c) Details of outcomes

i) Identify two (2) resources used to identify current and/or emerging legal requirements and issues that relate to the breach (i.e. information resources/websites to assist you in responding/managing the breach)

ii)     Describe how ‘knowledge’ of any relevant legislation/issues (as identified above) would be shared with peers and colleagues.

iii)   Provide details of pro-active engagement of review and improvement processes that could be implemented to improve compliance.
(i.e. review of current processes to improve compliance and mitigate future risks)

iv)   Provide details of how new policies and procedures that were developed in response to the breach would be distributed to colleagues and peers

Task 2: Strategic Response – Legal Breach

Read the following scenario and complete the table that follows:

Scenario

The Indigo Community Services and Health Hub team organised a youth event on-site at the grounds at ICSHH. The team organised a number of outside activities, including live music and a mobile skate ramp.

During the event, one of the community workers (35 year-old Susan Brown) tripped over un-secured electrical chords that were attached to the sound equipment for the live band. Susan hit the concrete ground hard and was gushing blood from her nose and face.

Unfortunately, there was no First Aid Officer on-site to assist in assessing the injury. The team were stressed and unsure of what to do as there were no clear roles assigned to manage an incident. Karl Osborne, the Youth Services program Coordinator, was the only staff member approved to drive the company vehicle and, therefore, had to leave the event and take the worker immediately to the hospital. This left insufficient staff numbers to supervise the event. Once Karl arrived at the hospital, he contacted the Manager of ICSHH to report the incident.

Investigation following the event determined that a risk assessment was not completed as there was confusion amongst the workers as to who was responsible for carrying out this task.

NB: To assist you in completing this task and identifying the breach and your strategic response, refer to the ICSHH Workplace Health and Safety (WHS) Policy and Procedure (Ctrl + Click to follow the link). Also on the OLS: CHCLEG003>Assessments.

Task 3: Strategic Response – Ethical Breach

Read the following scenario and complete the table that follows:

Scenario

Family Support Program Coordinator, Roberta Mendoza, complains continually to one of her staff members (Joanne) about another staff member’s (Mary) work attitude.

On Friday, Roberta Mendoza had a meeting with Mary to discuss her work-plan. Later that day in the lunchroom, Roberta was complaining again to Joanne about Mary’s attitude during the work-plan meeting. While Roberta and Joanne were talking, another Health Program Coordinator, Graham, overheard them.

Graham is bothered about the conversation as it’s not the first time he has heard the gossiping between the two workers. He reports the incident to you, the Manager, the next day. A few days earlier, another member of the team had also brought the same concern to your attention.

NB: To assist you in completing this task and identifying the breach and your strategic response, refer to the following ICSHH documents (Ctrl + Click to follow the links below) Also on the OLS: CHCLEG003>Assessments: · Code of ethics fact sheet · Code of conduct · Privacy and confidentiality policy · Ethical violation procedure · Community Services Worker job description · Strategic plan

Other resources: · ACWA Code of Ethics and Practice Guidelines · ACWA information sheet: Addressing Unprofessional or Unethical Behaviour in a Colleague

Part B: Develop policies and procedures

Using plain English, you are required to develop two (2) policies, both including a WHS procedure, for Indigo Community and Services Health Hub (ICSHH) as outlined in Tasks 1 and 2 below.

Task 1

Using the policy template provided with this assignment (on the OLS > CHCLEG003 > Assessments), develop an events policy that includes a WHS procedure for conducting safe community events on-site at ICSHH which reflect the issues related to the breach of compliance outlined in Part A, Task 2.

NB: When developing your policy, also consider the requirements to ensure the safety of the community members who also attend the events.

When submitting this task ensure you:

· Submit 1 policy for conducting events on-site at ICSHH

· Ensure your policy includes at least one (1) WHS procedure (e.g. conducting a WHS risk assessment prior to the event).

· Ensure the procedure includes record-keeping requirements i.e. where the WHS risk assessment will be stored. NB: To see an example of a policy that includes a procedure, refer to the ICSHH Privacy and Confidentiality policy (Ctrl + Click to follow the link) as a guide. Also on the OLS: CHCLEG003>Assessments.

Task 2

Using the policy template provided with this assignment (the same template you used for Task 1), develop a policy that includes a WHS procedure in response to the following scenario:

Scenario

The disability service at ICSHH delivers a day program for clients. The service has been closed during the COVID-19 lockdown period. As restrictions have been lifted, the service is reopening the centre to clients in two weeks and requires policies and procedures to ensure the safety of the clients and staff running the program. The Manager is required to develop the new policy and procedures to mitigate the risk of COVID-19 infection and ensure the organisation is compliant with current government requirements whise the day program activties are in progress.

When submitting this task ensure you:

· Submit one (1) policy for mitigating the risk of COVID-19

· Ensure your policy includes at least one (1) WHS procedure (e.g. hand hygiene or overall hygiene of the centre facility and equipment i.e. chairs/tables/craft equipment).